[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR211.212-1]



[Page 183]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 211_PRODUCT NOISE LABELING--Table of Contents

 

                  Subpart B_Hearing Protective Devices

 

Sec.  211.212-1  Test request.



    (a) The Administrator will request all testing under this section by 

means of a test request addressed to the manufacturer.

    (b) The test request will be signed by the Assistant Administrator 

for Enforcement or his designee. The test request will be delivered by 

an EPA Enforcement Officer or sent by certified mail to the plant 

manager or other responsible official as designated by the manufacturer.

    (c) In the test request, the Administrator must specify the 

following:

    (1) The hearing protector category selected for testing;

    (2) The manufacturer's plant or storage facility from which the 

protectors must be selected;

    (3) The selection procedure the manufacturer will use to select test 

protectors;

    (4) The test facility where the manufacturer is required to have the 

protectors tested;

    (5) The number of protectors to be forwarded to the designated test 

facility and the number of those protectors which must be tested by the 

facility.

    (6) The time period allowed for the manufacturer to initiate 

testing; and

    (7) Any other information that will be necessary to conduct testing 

under this section.

    (d) The test request may provide for situations in which the 

selected category is unavailable for testing. It may include an 

alternative category to be selected for testing in the event that 

protectors of the first specified category are not available because the 

protectors are not being manufactured at the specified plant, at the 

specified time, and are not being stored at the specified plant or 

storage facility.

    (e)(1) Any testing conducted by the manufacturer under a test 

request must commence within the period specified within the test 

request. The Administrator may extend the time period on request by the 

manufacturer, if a test facility is not available to conduct the 

testing.

    (2) The manufacturer must complete the required testing within one 

week following commencement of the testing.

    (3) The manufacturer will be allowed 1 calendar week to send test 

hearing protectors from the assembly plant to the testing facility. The 

Administrator may approve more time based upon a request by the 

manufacturer. The request must be accompanied by a satisfactory 

justification.

    (f) Failure to comply with any of the requirements of this section 

will not be considered a violation of these regulations if conditions 

and circumstances outside the control of the manufacturer render it 

impossible for him to comply. These conditions and circumstances 

include, but are not limited to, the temporary unavailability of 

equipment and personnel needed to conduct the required tests. The 

manufacturer bears the burden of establishing the presence of the 

conditions and circumstances.



(Sec. 13. Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))



[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980; 47 

FR 57717, Dec. 28, 1982]